Los Angeles daily herald., 1887-06-21
DAILY HERALD.
CRIMINAL LIBEL.
Trial of Captain Thornton """
n. A. Stephens lisa Progress

0'Melveny. They were chaise" WV
having published aud circulated apan
phlet containing the following; %
violent was Horace Bells abuse OF hi
wife that she was sent to the Stock
ton Insane Asylum for while" Ate
the complaint had been read the fol
lowing were selected as jurors to tr.
the case; A. w. Neighbors, james ii
Egan, j. We'll, A. II. Kercheval, d
Botiller, G. w. McGarry, j. b. Cook
j. G. Reed. G. c. Cook, j. H. Martin
A. w. Burke and NJ. M. Kimball.
The first witness called for the prose
eutior was II. w. Hellman, who testi
fed that he met Horace Bell on steam
er going to San Francisco in 1870, ant
also Mrs. Bell who was out Of her head
He had been told that sickness was The
cause of the mental alteration. Fou
months afterwards he met them walking
together on the street and Mrs. Bell hao
recovered.
w. Cobler testified that he had seer
two pages of the pamphlet in the Office
of the Pomona Times. Courier. Steph
ems brother-in law, named Overshiner
brought them in and took them back tc
the Progress Office, where be was en-
ployed. Stephens was running the
Progress at that time, and he had said
that he had book about Bell he wanted
to publish. Witness had set up title
page to book about Bell.
William Ferguson testified that he was
on the steamer going to San Francisco IN
1870, and Major Bell's treatment OF his
wife was good, and since then it had
b cen kind so far as he knew.
j. H. Lee. one of the proprietors OF
the Times. Courier of Pomona, testified
that he had never seen the pamphet A
couple of pages had been struck off in
the office, but he had not seen them.
c. 4. Sumner, another of the proprie-
tors of the TimeS-Courier of Pomona,
testified that he had seen one of the
pages of the pamphlet. A boy was
printing it on one of the job presses in
his Office.
Z. Vallocott, who worked in the office
Of the Progress ut Pomona, testified
that he had worked on the pamphlet
under the direction of Mr.. Overshiner.
He had been given copy by Mr.. Steph-
ems Just the same as in other cases. He
did not know whether the copy was in
Stephens handwriting, but it looked
like it.
C. H. Keeney testified that he mad
worked at the Progress office in March
wnen Stephens was the editor and had
seen pamphlet like the one in court in
that Office.
C. j. Sorbeer testified that he had
leased the office of the Pomona Progress
in February to B. A. Stephens. He had
seen the pamphlet after the G. A. h.
Encampment. Mr.. Stephens had loaned
him copy.
f. A. Weed testified that he had a
conversation with Stephens in his print
ing Office in relation to proposed pub
lication about Horace Bell, which was
to come out about the time of the En-
campment.
Dan Kevane testified that he had seen
Captain Thornton distributing the
pamphlet during the Encampment, and
be had said he was circulating them and
he did not care who knew it.
A. j. King testified that Capt. Thorn.
ton gave him one of the pamphlets.
Charles A. Bell testified that he saw
one of the pamphlets on February 23d.
It was given him by Capt. Darcy. Capt.
Thornton was 10 the neighborhood.
The prosecution here closed and
recess was taken until o'clock.
EVENING SESSION.
DR.. j. p. Widney was called for the
defense and testified that he had known
Major Horace Bell since 1870, when be
came to call him to attend his wife.
Witness went to the house and found
Mrs. Bell suffering from puerpual mania
attendant upon childbirth. He under
stood that there had been no other ply
sician called in to attend Mrs. Bell.
At this point the defense attempted to
prove that the fact that no physician
was employed at the childbirth was
abuse sufficient to Justify the publica-
tion, but Judge O'Melveny ruled that
the defense must be confined to proving
the "violent abuse" charged in the arti-
Gle in question. The defense then with
drew the witness and placed on the
stand w. w. Widney, who testified that
in 1870 he had been sent to Major
Bells house. He went with Mr.. Near.
thur, ard when he got there some par
ties were putting o slraightjacket on
Mrs. Bell. They put it on and after.
wards took it off, after witness got her
quieted down. Mrs. Bell imagined vii
ness was her son, and that was why she
became so quiet and minded
what he said. He went with
her to the Commercial street depot
and went from there to Wilmington.
Witness was going to leave her at San
Pedro, but Mrs. Bell became violent and
he went on the steamer, where he at.
tempted to leave again, but Mrs. Bell
seemed to have an aversion to Major
Bell and he went to San Francisco. In
San Francisco they took hack, went
to Oakland, where they got out and
went into two-story brick house. He
told Mrs. Bell that they would leave her
for a while and attend to some other
business. Mrs. Bell was very quiet and
they left. He thought the place was
DIR. Trainor's private asylum.
John Macarthur testified that he had
been to Major Bells house when Mrs.
Bell was very sick. He had gone at the
request of w. w. Wickney. When he
went into the room Mrs. Bell was sitting
in chair. Her mind seemed to be af.
fected. He helped to put straight
Jacket on Mrs. Bell that evening. She
did not appear to behave toward Major
Bell any different than to any one else.
The straight jacket was taken off about
10 o'clock that night. The next morn
ing he went down to the depot. with
them and they were going to the insane
asylum.
Louis Polaski testified that Major
Bell came to him and said his wife was
insane and he would have to take her t6
Stockton. Witness had advised Tho
Major to take her to private asylum
in Oakland.
Jesse Yarnell testified that he ha'
gone to Major Bells house and Mrs
Bell was crazy. He had staid ther'
part of the day. While he was ther
Mrs. Bell was in straight jacket, bu
she was quiet except once when sh
threw herself on the bed.